EUROPEAN COMMISSION Brussels, 10.4.2013 COM

EUROPEAN
COMMISSION
Brussels, 10.4.2013
COM(2013) 179 final
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN
PARLIAMENT AND THE COUNCIL
Second Report on the implementation of the EU Internal Security Strategy
EN
EN
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN
PARLIAMENT AND THE COUNCIL
Second Report on the implementation of the EU Internal Security Strategy
1.
INTRODUCTION
1.1.
Internal security in today’s context
The EU’s Internal Security Strategy is designed to enable Europe to respond to existing
challenges and emerging threats, according to a shared approach that involves both EU actors
and the national and local levels.
Underpinning the strategy are the common values of respect for fundamental rights and the
rule of law, solidarity and mutual support. The Commission will continue to ensure full
respect of these values, in particular of the European Charter of Fundamental Rights.
One of the major threats to our internal security is organised crime and its detrimental effects
on the economy of the EU, including distortions in the internal market.
As an example, the United Nations Office on Drugs and Crime (UNODC) estimates that
criminal proceeds are likely to have amounted to some 3.6 % of global GDP or around
US$ 2.1 trillion in 2009. Corruption, fraud and smuggling lead to huge losses for the
governments of the EU Member States at a time when the need for a stable revenue and tax
base is essential to tackle their public deficits.
To go after the money, and reclaim the proceeds of crime, continues to be a key aim of the
EU’s strategy for disrupting organised criminal networks.
The Commission has already introduced initiatives and instruments to achieve this goal, such
as the Directive on the freezing and confiscation of the proceeds of crime in the European
Union, the Fourth Anti Money Laundering Directive, and the Directive on the protection of
the financial interests of the EU.
The administrative approach, providing opportunities for detecting and responding to criminal
infiltration of the economy, also supports the aim of redressing imbalances caused among
other things by organised crime and creating the conditions for the internal market to flourish.
The recent establishment at Europol of the European Cybercrime Centre (EC3) is designed to
strengthen Europe’s capability to protect citizens, businesses and governments and their
infrastructure from cyber-attacks that can cause staggering economic losses.
The ISS is based on five strategic objectives, namely disrupting international crime networks,
preventing terrorism, enhancing cybersecurity, strengthening border security and increasing
resilience to crises and disasters. In the 2011 ISS implementation report, the fight against
organised crime and cybercrime were identified as two main challenges to be addressed in the
coming year. A lot has since been done, together with actions under the other objectives of the
strategy.
2.
THE INTERNAL SECURITY STRATEGY IN THE PAST YEAR
2.1.
Strategic objective 1: Disrupt international crime networks
The activities of organised crime networks are thought to be more complex, diverse and
international in scope than ever before. For example, internet-facilitated organised crime will
continue to increase in line with the rising use of broadband internet and mobile devices.
EN
2
EN
The EU Policy Cycle on serious and organised crime helps coordinate operational
cooperation on crime phenomena relevant for the whole of the EU. Member States act jointly
to fight prioritised cross-border crime, with the support of the EU agencies and institutions.
The priority crime phenomena are identified through the threat assessments produced by
Europol (notably, the SOCTA), based on contributions from the Member States. Currently a
short policy cycle covering the period 2011-2013 is being implemented as a learning phase
for a full policy cycle spanning 2013-2017.
In early 2013 the Commission adopted proposals for a Fourth Anti Money Laundering
Directive1 together with a Fund Transfer Regulation2. The latter will be supplemented, later
in 2013, by a proposal for a Directive on the criminalisation of money laundering. This
package will address new risks and threats, notably by enhancing the transparency of legal
entities. Actions against money laundering are also developed outside the EU by the External
Action Service in cooperation with regional platforms in Africa and Latin America.
A proposal for a Directive on the counterfeiting of currencies3 was also adopted in early
2013. The proposal lays down in particular new criminal sanctions. Another important feature
is the obligation of the Member States to make effective investigative tools available for
detecting currency counterfeiting cases, equivalent to those used to combat organised or other
serious crime.
The proposals for a Directive on the fight against fraud to the Union’s financial interests
by means of criminal law4 and a Directive on criminal sanctions for insider dealing and
market manipulation5 are additional criminal law tools that address key vulnerabilities
pertaining to trade in the internal market and financial markets, respectively.
The Commission has continued to promote a new EU anti-corruption strategic initiative.
This follows a two-fold approach: an ‘EU Anti-Corruption Report’ to assess Member States’
efforts against corruption on a regular basis, and a stronger focus on corruption across internal
and external EU policy fields. A group of 17 experts on corruption and a network of local
research correspondents in all Member States were set up to prepare the first EU AntiCorruption Report to be presented in 2013.
The European National Integrity Systems (ENIS) project, co-financed by the Commission,
was completed by Transparency International in 2012, covering 23 EU Member States,
Norway and Switzerland. A total of 13 institutions and sectors in each country were analysed
and scored for their capacity to cope with corruption. Transparency International published
individual country assessments and a comparative analytical report. The recommendations
and conclusions of the ENIS assessments are among the sources considered in the work on
the EU Anti-Corruption Report.
Confiscation of criminal wealth can effectively combat crime as it attacks the financial
incentive of criminals, protects the economy against criminal infiltration and corruption, and
helps restore social justice. A proposal for a Directive on the Freezing and Confiscation of
Proceeds of Crime in the EU6 was adopted by the Commission to make it easier to freeze
and confiscate the profits from serious and organised crime in the European Union through
common minimum rules, and thus protect the licit economy.
1
2
3
4
5
6
EN
COM(2013) 45/3.
COM(2013) 44/2.
COM(2013) 42 final.
COM(2012) 363 final.
COM(2011) 654 final.
COM(2012) 85 final.
3
EN
Efforts at the EU level go hand-in-hand with Member State initiatives, such as the
establishment of new asset recovery offices and teams in Austria, Romania and Estonia, and
Europol’s support to Member States through the Europol Criminal Assets Bureau. Some
Member States have also put in place mechanisms to re-use confiscated assets for public and
social purposes.
The Spanish Centre of Excellence on Asset Recovery and Training (CEART) project, cofinanced by the European Commission, produced a White Book on Asset Recovery Offices
which describes in detail the activities of each Office. The CEART project also included an
international training course on asset recovery and financial investigations which was among
the first pan-European courses available for asset recovery practitioners.
The European Union concluded new agreements with the United States and Australia on the
use and transfer of Passenger Name Records (PNR)7, and is close to concluding negotiations
with Canada. These agreements enable data to be analysed by our partners to prevent, detect
and investigate serious cross-border crimes, including terrorist offences. PNR data, not least
by allowing the identification of persons previously ‘unknown’ to law enforcement authorities
but posing a security risk, help disrupt criminal networks faster and more effectively.
The EU Strategy towards the Eradication of Trafficking in Human Beings 2012-2016,
adopted in June 2012, concentrates on increased prosecution of traffickers, assistance to and
protection of victims of trafficking and prevention of trafficking in human beings, expanding
and complementing the Directive adopted in 20118. The EU Anti-Trafficking Coordinator has
a key responsibility in the implementation of the Strategy with a view to improving
coordination and coherence among relevant actors. The Operational Action Plan on
Trafficking of Human Beings, co-led by the United Kingdom and the Netherlands, is one of
the eight priority areas in the EU Policy Cycle on serious and organised crime. To enhance
focus and coherence in the external dimension of the EU’s work on trafficking in human
beings, a list of priority non-member countries was agreed by the Member States, in close
cooperation with the Commission, the European External Action Service and the EU
agencies.
Cross-border information exchange within the EU is essential to the fight against serious
and cross-border crime. There is, however, scope for improvement. In its Communication on
the European Information Exchange Model (EIXM), the Commission sets out a blueprint
for better implementation of existing EU instruments, more systematic use of the Europol
channel for information exchange, and national Single Points of Contact bringing together the
main channels for information exchange9.
The new EU drugs strategy 2013 – 2020 focuses among others on the dynamics in the illicit
drug markets, including shifting drug trafficking routes, cross-border organised crime and the
use of new communication technologies as a facilitator for the distribution of illicit drugs and
new psychoactive substances. It has a number of objectives, among which to contribute to a
measurable reduction of the demand for drugs, of drug dependence and of drug-related health
and social risks and harms; to contribute to a disruption of the illicit drugs market and a
measurable reduction of the availability of illicit drugs; to encourage coordination through
active discourse and analysis of developments and challenges in the field of drugs at EU and
international level
7
8
9
EN
OJ L 186, 14.7.2012, p. 4 (Australia) and OJ L 215, 11.8.2012, p. 5 (the United States).
Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its
victims.
COM(2012) 735 final.
4
EN
The ‘EU Drug Markets’ report launched in January 2013 was a major step forward in
coordination between agencies in the home affairs area to combat organised crime and illicit
drug trafficking. Produced jointly by the European Monitoring Centre for Drugs and Drug
Addiction (EMCDDA) and Europol, the report highlighted a number of new trends, including
mobile amphetamine and ecstasy production and the explosive growth of new psychoactive
substances that are aggressively marketed at young people via the internet. Pan-European
cooperation and clear understanding of drug market developments are essential to effective
law enforcement in this fast-changing area.
Europol plays an important role in facilitating cross-border information exchange in the EU
through the provision of information exchange and storage systems and a range of operational
support services and analytical products. By the end of the third quarter of 2012, Europol had
facilitated the exchange of over 200 000 operational messages and almost 12 000 cases had
been initiated. Europol supported an increasing number10 of high-profile operations in the
Member States through the provision of operational support services and over 600 operational
analysis reports. Contributions of information by Member States to the Analysis Work Files
increased by 40 per cent overall following the implementation of the priorities agreed in the
EU Policy Cycle context, and increased by as much as 60 per cent in the area of trafficking in
human beings.
Cross-border cooperation and information exchange is also supported by the EU-level training
provided by Cepol. In 2012, Cepol provided training to almost 6 000 participants in more
than 100 different training activities on various topics ranging from financial crime and drugs
trafficking to JITs, trafficking in human beings and cybercrime.
Eurojust remains an important actor in judicial cooperation in criminal cases. The fight
against serious and organised crime has been and continues to be a priority for Eurojust
casework. Organised crime groups appear, not only as a stand-alone feature, but also as a
cross-cutting characteristic that adds a more serious component to other crimes. In 2012, 231
cases related to organised crime were registered at Eurojust compared to 197 cases in 2011.
Another effective tool in tracing criminals is the use of Joint Investigation Teams (JITs).
The financing provided by Eurojust facilitates the establishment of JITs based on operational
needs also at short notice. Until February 2013, Eurojust has supported, via the second JIT
Funding Project, 87 different JITs based on 252 funding applications received. Most JITs
focus on drugs and human trafficking, but they also targeted money laundering, fraud,
corruption and organised robbery.
The JIT ‘Tokyo case’ was set up between Belgium, France and the United Kingdom, with the
participation of Eurojust and Europol, to investigate a network of couriers recruited by an
organised crime ring in Belgium and France for international drug trafficking from Brazil and
some central African countries to Japan via London. A joint operation took place, with several
arrests in Belgium and the UK. Two individuals were subsequently sentenced to eight years
imprisonment and a fine of € 3 780 and six years and six months imprisonment and a fine of
€ 30 000, respectively.
The way forward in 2013
The Commission will:
•
10
EN
publish the first EU Anti-Corruption Report, including recommendations
for Member States;
An increase of 43 per cent compared to 2011.
5
EN
•
propose a Directive on criminal penalties for money laundering;
•
propose a reform of Eurojust;
•
develop a political initiative to combat illicit trafficking in firearms to
safeguard the internal security of the EU;
•
propose two legislative acts amending Council Decision 2005/387/JHA of
10 May 2005 on the information exchange, risk-assessment and control of
new psychoactive substances and Council Framework Decision
2004/757/JHA of 25 October 2004 laying down minimum provisions on the
constituent elements of criminal acts and penalties in the field of illicit
drug trafficking;
•
present a Regulation on setting up a European Public Prosecutor’s Office
in order to improve the protection of the European Union's budget and
enhance criminal prosecutions in this area;
•
adopt a Communication on a comprehensive strategy to fight cigarette
smuggling.
Member States are encouraged to:
2.2.
•
make swift progress in negotiating the proposal for the reform of Europol
and Cepol, combined with a stronger emphasis on training of law
enforcement officials, to strengthen cross-border cooperation;
•
conclude the discussions with the European Parliament on the Directive on
the freezing and confiscation of proceeds of crime in the EU and on the
Directive on the use of PNR data for law enforcement purposes;
•
continue further developing the resources and powers of their Asset
Recovery Offices;
•
follow up on the recommendations set out in the Communication on the
European Information Exchange Model (EIXM);
•
take action, as set out in the EU Strategies, to address trafficking in
human beings and drugs;
•
follow up on the recommendations set out in the upcoming first EU AntiCorruption Report 2013;
•
implement Operational Action Plans within the policy cycle on: trafficking
in human beings, mobile organised crime groups, smuggling of
commodities in container form, synthetic drugs, drugs routes originating
from West Africa, and crime originating from the Western Balkans.
Strategic objective 2: Prevent terrorism and address radicalisation and
recruitment
According to Europol, although the overall number of terrorist attacks in the EU Member
States has been decreasing in recent years, the terrorist threat currently presents a highly
diverse picture (Al-Qaeda-inspired, right- and left-wing or anarchist, separatist and singleissue terrorism), with a possible increase in plots by lone actors and small, autonomous
groups. In addition, the geopolitical developments in the Middle East, the Sahel region and
the Horn of Africa will impact on the security situation in Europe. Especially, radicalised EU
EN
6
EN
citizens travelling to and participating in conflict zones, referred to as foreign fighters,
returning to Europe with conflict experience, will continue to pose a threat to the EU.
Combating terrorism has remained a priority for the European Union in a year when the
attacks in Toulouse and Burgas tragically highlighted the reality of the terrorist threat.
In the aftermath of the Burgas attack, Europol provided highly appreciated operational
support to the Bulgarian authorities. In addition, the EU AirPol network, consisting of police
authorities responsible for security at airports and surrounding areas, issued guidance on new
security measures and procedures to prevent similar attacks within 24 hours.
The AirPol network received its mandate on the basis of a Council Decision in the aftermath
of the Yemen cargo attacks in 2010 and works to share best practices and undertake capacitybuilding on the basis of the Commission’s crime prevention funding programme (ISEC).
Terrorism remains one of the priorities in the operational work of Eurojust11. Moreover, in
2012 Eurojust developed further the concept and contents of its Terrorism Convictions
Monitor (TCM), which provides an overview of terrorism-related judicial developments in the
Member States, as well as judicial analysis on selected cases.
A practitioners’ workshop co-organised by Eurojust and Europol in December 2012 brought
together counter-terrorism specialists from India and from the EU. Its objective was to
promote judicial cooperation by defining common interests and reflecting on standards.
The European counter-terrorism policy is based on prevention. The EU Radicalisation
Awareness Network (RAN) was established to connect actors involved on the ground in
countering radicalisation and violent extremism throughout Europe (first-line practitioners,
field experts, social workers, academics, NGOs, etc.). With eight thematic groups, the RAN
offers a unique opportunity to share experience and results. The outcomes of the RAN’s work
so far were also reported back to policy makers and discussed at a High Level Conference at
the end of January 2013.
The RAN recommendations, and in particular those provided by the working group on foreign
fighters, will also contribute to the EU’s efforts to strengthen the synergies between internal
and external security policies.
The ISEC programme has been supporting projects which address the issue of radicalisation
and violent extremism in particular through better training and awareness-raising for
practitioners, disengagement and de-radicalisation, increasing the response capacity of
citizens and civil society, disseminating terrorist victims’ testimonies and countering terrorist
propaganda. Such projects are being carried out by participating organisations from amongst
others Belgium, Denmark, Germany and the United Kingdom.
As another example of terrorist prevention efforts, the EU has, via its Regulation on the use
and marketing of explosives precursors12, established the most advanced system on a
global scale to prevent access to precursors to explosives that may be used by terrorists.
The Commission, in cooperation with the Member States, is currently working on new
proposals on Chemical, Biological, Radiological, Nuclear and Explosives (CBRN-E)
security at EU level. The focus is on the most pertinent actions to be implemented in the
11
12
EN
All in all 32 terrorism-related cases were registered at Eurojust in 2012, including cases concerning
terrorism financing.
2010/0246 (COD).
7
EN
coming years, and on obtaining synergies from the work done in the areas of CBRN-E,
including detection, based on two progress reports published in 2012.
The Commission has started a review of the Critical Infrastructure Protection Directive13,
with a view to proposing a new approach in the first half of 2013. The aim is to ensure that
services vital to society remain operational. Loss or failure of critical infrastructure could
have severe consequences for society.
Project Poseidon, co-funded by the Critical Infrastructure Protection Programme, identified
threats and vulnerabilities in both critical infrastructures and decision-making mechanisms to
improve security in cross-border passenger traffic in the Baltic Sea Region. The results are
contained in the pilot study (Preventing Terrorism in Maritime regions — Case Analysis of
Project Poseidon) and they concern for instance counter-terrorism strategies as regards ferry
traffic.
Integral connections between different transport modes require a robust counter-terrorism
strategy to protect the stability of commerce and maintain confidence in the security and
safety of the transport network. In 2012 the Commission issued a paper on transport
security14, highlighting a number of areas of key significance to the effective mitigation of
terrorist threats. Among other things, the paper suggests the creation of a general security
framework for transport operators, such as security programmes, security awareness training
and exercises, contingency and recovery planning.
As regards aviation security, the developments are threat-driven and the detection technology
needs to keep up with the continuous innovation demonstrated by terrorist groups. The
establishment of an EU harmonised certification system for airport screening equipment is
being finalised, and international coordination is on-going to streamline the scientific work.
The Commission and the Member States are actively supporting innovative technology trials
to improve detection of the different threats (for example in cargo, in baggage and on
persons).
In addition to several research activities on testing innovative technologies, the Commission,
jointly with the Member States, has launched pro-active detection activities with a number of
operational trials, both during the Euro 2012 Football Championships and in areas of mass
transit and public buildings security to develop the most effective security models.
For example, the Commission is implementing the ITRAP (Illicit Trafficking Radiation
Assessment Programme) with the aim of providing an independent assessment of the
available radiation detection equipment on the market used for the detection and identification
of nuclear and radioactive materials.
Training is a cornerstone of effective implementation of security systems. An example of a
concrete action supported by the Commission in this field is the establishment of the
European Security Training Centre (EUSECTRA) the aim of which is to develop a security
training programme applicable to the law enforcement community.
ATLAS, an EU network of anti-terrorist intervention forces established and funded by the
Commission via the ISEC programme since 2008, improves the cooperation between special
intervention units in the EU and support its functioning in crisis situations (for example a
terrorist attack or a hostage taking) when a Member State needs assistance. It also establishes
13
14
EN
Directive 2008/114/EC on the identification and designation of European critical infrastructures and the
assessment of the need to improve their protection.
SWD(2012) 143 final.
8
EN
common platforms for training, sharing equipment, and close cooperation in the Member
States’ border areas.
The way forward in 2013
The Commission will:
•
update the EU approach to counter violent extremism by developing a
European ‘toolbox’ based on best practices in the Member States;
•
propose actions on CBRN-E;
•
develop tools to enhance the detection of terrorist threats in all areas,
including standards for aviation security;
•
propose a new approach on European Critical Infrastructure protection.
Member States are encouraged to:
2.3.
•
step up efforts to prevent and counter violent extremism;
•
implement the Action Plan on air cargo security;
•
set up the necessary administrative structures to implement the
Regulation on explosives precursors.
Strategic objective 3: Raise levels of security for citizens and businesses online
A variety of activities relating to internet fraud are becoming more prominent, including illicit
internet transactions, use of money mules and fake websites. The past two years have also
witnessed an increase in the number of hackings and internet-driven illegal activities.
The fight against cybercrime is not only about reducing crime in the online environment, but
also about ensuring a secure cyberspace within which economic and social activity can
flourish. This remains a priority for the Commission and the Member States and is pursued
also through the Digital Agenda Europe. It is important to pool resources at EU level for
better prevention and a stronger response capacity. Significant measures have been taken at
both strategic and operational level.
The Cybersecurity Strategy for the European Union, adopted in February 201315, sets out
a comprehensive vision and puts forward the actions required, based on strong protection and
promotion of citizens’ rights, to make the EU the safest online environment in the world. The
strategy aims to strengthen resilience and network and information security; drastically reduce
cybercrime; develop an EU cyberdefence policy; foster the industrial and technological
resources for cybersecurity; promote Research and Development (R&D); and enhance the EU
international cyberspace policy.
The strategy highlights the need for reinforced cooperation and exchange of information
between the relevant actors to provide early detection and a more coordinated response. The
objectives of the strategy are mutually reinforcing. For example, the resilience and network
and information security objective includes actions aimed at strengthening public-private
partnerships and at setting up National Computer Emergency Response Teams (CERTs). This
will in turn support the fight against cybercrime.
15
EN
JOIN(2013) 1 final.
9
EN
These objectives were highlighted in a proposal for a Directive on network and information
security16 accompanying the Strategy. The main objective of the proposal is to ensure the
smooth functioning of the internal market. The proposal aims to raise national preparedness,
strengthen EU-level cooperation and ensure that operators of essential services and
infrastructure carry out appropriate risk management and report serious incidents to the
national competent authorities.
An important step in the fight against cybercrime was the creation of the European
Cybercrime Centre (EC3) at Europol in early 2013. The Centre, in close cooperation with
Eurojust, will bolster the EU’s capacity to confront the growing and complex threat posed by
cybercrime and become a focal point for cybercrime-related issues. It will provide better
operational support capacity at the EU level for cross-border cybercrime, specialised strategic
and threat assessments, and more targeted training and R&D that result in the development of
specialised tools to tackle cybercrime. The Centre will also develop cooperation with all
stakeholders including those outside the law enforcement community. In view of the
inherently cross-border nature of the phenomenon and the need for international cooperation,
the EC3 will able to engage the EU’s law enforcement community with other international
actors such as Interpol and draw upon efforts of other actors such as the ICT industry or the
Internet Corporation for Assigned Names and Numbers (ICANN).
The EC3 will be able to voice concerns and make suggestions, through the Commission, on
questions relating to internet governance. The EC3 will also liaise with the European Network
and Information Security Agency (ENISA), which gathers and generates network and
information security analysis, supports Member States in developing harmonised breach
reporting approaches, in building CERT capacities and in raising end-users' awareness. The
foreseen renewal of ENISA's mandate will cater for its support to the Member States and the
Commission also in the coming years.
Another example of strategic initiatives undertaken in 2012 was the EU-US initiative to
launch a Global Alliance against Child Sexual Abuse Online. The Alliance — including 48
countries around the world at its launch — will help foster global cooperation in the fight
against child pornography online. By uniting countries behind a shared set of targets and
goals, it is expected to result in more child victims being identified and rescued, more
effective prosecution of perpetrators, better prevention of offences and a reduction in the
availability of child sexual abuse images online. The European strategy for a better internet
for children17 strengthens the preventive measures even further by setting out child safety
actions built on empowerment and protection, thereby encouraging children to make
responsible use of the internet.
The proposal for a Directive on attacks against information systems18, which is now being
negotiated between the European Parliament and the Council, aims to approximate criminal
legislation in the Member States in the area of cybercrime and introduces definitions of and
sanctions for illegal access to information systems, illegal system and data interference and
illegal interception. In addition, the proposal penalises the production, sale, procurement for
use, import and distribution of tools used for committing these offences. Only six EU Member
States still have to ratify the Budapest Convention on Cybercrime.
In addition, cybercrime is one of the eight fields of operational cooperation within the EU
policy cycle for organised and serious international crime. Specific actions to be
16
17
18
EN
COM(2013) 48 final.
COM (2012) 196.
COM(2010) 517 final.
10
EN
implemented by the Member States under the leadership of Romania include the
establishment of national reporting systems in each Member State on data breaches/cyber
incidents/cybercrimes for legal entities and citizens, reinforcing internet governance so that
users in cyberspace can be identified by Member States’ authorities for legitimate law
enforcement reasons, and mitigation of tools (botnets) that facilitate large-scale cyber-attacks.
The ISEC programme provides co-funding to assist the Member States with building their
capacity to deal with cybercrime and promote cross-border and public-private cooperation.
Recent successful projects involve the setting-up of a network of national centres of
excellence to promote cooperation initiatives between research, academia and law
enforcement practitioners that result in tangible tools for understanding, detecting and fighting
cybercrime. There are currently a total of eight such centres receiving funding from the
Commission. To date, the Commission has contributed almost € 5 million to building
cybercrime training and research capacities in the Member States.
The way forward in 2013
The Commission will:
•
make sure that the European Cybercrime Centre (EC3) at Europol takes
important steps towards becoming fully operational;
•
implement the EU Cybersecurity Strategy for the European Union;
•
support the adoption of the proposed Directive laying down measures to
ensure a high common level of network and information security across
the EU and pursue the new mandate of ENISA;
•
continue to support, develop and enlarge the Global Alliance against Child
Sexual Abuse Online.
Member States are encouraged to:
2.4.
•
work closely with the European Cybercrime Centre (EC3);
•
work closely with Eurojust and ENISA;
•
implement the Operational Action Plan on cybercrime within the policy
cycle;
•
pursue the shared policy targets of the Global Alliance against Child
Sexual Abuse Online, and take specific actions to achieve them;
•
support the ratification and implementation of the Council of Europe
Budapest Convention on Cybercrime.
Strategic objective 4: Strengthen security through border management
In December 2011, the Commission presented a legislative proposal for a European Border
Surveillance System (Eurosur). Its adoption is foreseen in 2013 and it will provide the
Member States and the EU agencies with a common framework for near real-time information
sharing and interagency cooperation at national and European level for the purpose of fighting
irregular migration and cross-border crime. Eurosur will also contribute to enhancing the
protection and saving the lives of migrants.
National coordination centres for border surveillance involving a number of national
authorities, such as border guards, police, coast guards and the navy, were established by the
18 Schengen countries located at the southern and eastern external borders that are the first to
EN
11
EN
join Eurosur. These 18 national coordination centres have been connected by Frontex to the
Eurosur network on a pilot basis.
Within the framework of Eurosur, the External Borders Fund (EBF) has financed important
regional surveillance systems, enabling better control of the external borders of the Schengen
area. EBF contributions were given to the Spanish integrated surveillance system SIVE
(Sistema Integrado de Vigilancia Exterior), which focused in particular on the Strait of
Gibraltar, the Canary and Balearic islands and the southern Mediterranean coast. The EBF
also contributed significantly to the French coast surveillance system.
With the dual objective of enhancing security at borders and facilitating travel and access for
non-EU nationals, the Commission adopted early 2013 two legislative proposals for an
Entry/Exit System (EES) and a Registered Traveller Programme (RTP), the so-called
Smart Borders Package.
After many years of development and testing, the Schengen Information System II (SISII)
will become fully operational and provide additional means of border management. In
parallel, the completion of worldwide roll-out of the Visa Information System (VIS) will
further strengthen security.
The Commission is assisting Greece in the implementation of the Action plan on asylum and
migration management which also includes a border management component, in order to
improve the capacity of Greece to better control its external borders, in particular the external
border with Turkey.
In the area of customs border management, the work on the implementation of common risk
management continued and the Commission presented a Communication on Risk
Management and supply chain security19. The aim of this Communication is to foster the
debate with the institution on the recommendations in order to ensure the conditions to
collectively improve the current situation. Furthermore, and following the High Level Air
Cargo security plan work continues with transport authorities and traders to ensure the
improvement of the data quality being already received by customs.
Frontex has supported security through various activities facilitated by its reinforced
mandate. In particular, in close cooperation with the border management services of Member
States, it has further developed the Frontex Risk Analysis Network and provided for regular
and ad hoc risk analysis in relation to irregular migration at the external borders of the EU.
Joint operations were carried out at all main hot-spots at the external borders. Frontex pursued
operational cooperation with other relevant EU agencies, such as Europol, the European
Asylum Support Office and the Fundamental Rights Agency. Frontex has also assisted the
Member States in organising joint return operations in line with the EU’s return policy.
Following successful cooperation in the Frontex-coordinated Joint Operation INDALO in
2011 and 2012, addressing irregular migration and smuggling of drugs, the Commission
encouraged Frontex, Europol, the Centre de Coordination pour la Lutte Antidrogue en
Méditerranée (CeCLAD-M) and the Maritime Analysis and Operation Centre Narcotics
(MAOC-N) to formalise their cooperation in line with the proposed Eurosur Regulation.
Furthermore, following the entry into force of the amended Frontex Regulation at the end of
2011, the Commission encouraged Frontex and Europol to finalise the necessary
arrangements for allowing the transfer from Frontex to Europol of personal data related to
cross-border criminal activities facilitating irregular migration or human trafficking.
19
EN
COM(2012) 793 final.
12
EN
In 2012, important progress has been made in implementing the new fundamental rights
provisions of the revised Frontex Regulation. The Fundamental Rights Forum has been
established and has stated its work, and a Fundamental Rights Officer has been appointed.
The efforts to improve cooperation between border guards and customs remained important
fields of activity in 2012. The aim is to facilitate trade and travel and enhance the security of
the EU through, inter alia, synchronised checks, information exchange, training, joint risk
analysis and joint operations. Advanced solutions already exist in some Member States and
serve as best practice. Finland, for example, has set up police-customs-border guard
intelligence, investigation and analysis units which make for greater effectiveness in the fight
against serious crime.
The European Borders Fund supported Member States in their efforts to fight the use of fake
and falsified identity and travel documents, in particular for purchasing specific equipment
used by border guards and in consular offices to verify the authenticity of documents. The
EBF also contributed to the development of FADO (False and Authentic Documents Online),
a web-based tool facilitating the exchange of information between the Member States on
detected document fraud.
The way forward in 2013
The Commission will:
•
support the launch of Eurosur as of 1 October 2013;
•
ensure that Schengen Information System II (SISII) becomes fully
operational during the spring.
Member States are encouraged to:
•
ensure that all national authorities with responsibility for border
surveillance cooperate via the national coordination centres;
•
make swift progress in negotiating the proposals on the Entry/Exit System
(EES) and the Registered Travellers Programme (RTP);
•
agree on common recommendations and best practices in border guardscustoms cooperation in order to guarantee the same level of security and
service at all EU external borders and to reduce the costs of checks;
•
discuss and agree on common recommendations to improve Customs Risk
Management and supply chain security;
•
implement the Operational Action Plan on irregular immigration within
the policy cycle.
The agencies should:
EN
•
further step up their cooperation to detect and prevent irregular
migration and cross-border crime at the external borders (Frontex,
Europol, MAOC-N and CeCLAD-M);
•
take the necessary steps to allow the transfer of personal data to Europol
in accordance with the amended Frontex Regulation (Frontex and
Europol).
13
EN
2.5.
Strategic objective 5: Increase Europe’s resilience to crises and disasters
In the field of both natural and man-made risks, the EU has enhanced its risk management
capacity in order to allocate resources more efficiently, reinforce the EU’s prevention and
preparedness capacity.
The proposal for the implementation arrangements for the solidarity clause (Article 222
TFEU) will provide an umbrella framework for situations of extraordinary threat or damage
that overwhelm the response capacities of the affected Member State(s). A joint proposal by
the Commission and the High Representative of the Union for Foreign Affairs and Security
Policy for the arrangements for implementing the solidarity clause was adopted in December
201220.
A robust risk assessment methodology needs to be established and applied to ensure that
security risks are managed effectively. The EU is developing a shared methodological
approach to assess these security risks. Significant work has been conducted in the field of
risks assessment related to intentional malicious threats, not least in the aviation security field
(air cargo, liquids ban). In December 2012 the Council called upon the Commission to extend
this methodological approach to the whole of aviation security.
In relation to building resilience to natural and man-made disasters, a number of actions have
been carried out to implement the EU disaster risk management policy framework21. Member
States have achieved varying progress in undertaking national risk assessments in line with
the 2010 Commission's Guidelines22. To date, the Commission has received contributions
from 12 countries participating in the EU Civil Protection Mechanism (Czech Republic,
Denmark, Estonia, Germany, Hungary, Italy, Netherlands, Norway, Poland, Slovenia, Sweden
and UK) with varying degrees of detail of the national risk analysis which highlight the need
for more robust disaster data and comparative risk management approaches. On this basis, the
Commission is currently preparing a first cross-sectoral overview of natural and manmade risks which the Union will face in the future, expected in 2013. This could be followed
in 2014 by more extensive work integrating more in depth security risks.
The Commission's proposal for a new Union Civil Protection Mechanism23 further places
prevention on equal footing with preparedness and response actions and includes provisions
to further develop risk assessment in civil protection policy.
The Commission has also consistently promoted the use of peer reviews as an effective way
of exchanging experience and improving governance and policy-making in the area of
disaster risk management. In 2012, the UK was the first country which volunteered to
undertake such a 'pilot' peer review that was carried out by three 'peers' (from Italy, Finland
and Sweden) with the support and facilitation provided by the Commission in cooperation
with UNISDR and OECD. A report of the findings is expected in spring 2013, including good
practices, areas for improvement and recommendations on how to achieve further progress.
The results will also feed into the on-going work of the Commission in developing guidance
for disaster prevention based on good practice.
20
21
22
23
EN
JOIN(2012) 39 final.
Set out in Communication 'A community approach on the prevention of natural and man-made
disasters, COM(2009) 82 final.
SEC(2010) 1626 final, available at:
http://ec.europa.eu/echo/civil_protection/civil/pdfdocs/prevention/COMM_PDF_SEC_2010_1626_F_st
aff_working_document_en.pdf
COM(2011) 934 final.
14
EN
The Commission will also open in 2013 the Emergency Response Centre, on the basis of the
existing Monitoring and Information Centre (DG ECHO), which will further strengthen the
EU capacity to respond to disasters.
Substantial work has been conducted to better rationalise and reinforce synergies between the
different EU crisis management capacities. A more integrated and effective approach is the
goal of the revised EU Crisis Coordination Arrangement procedures and the establishment of
an integrated awareness and analysis capacity.
In 2012 several important actions were undertaken to reinforce the networking of multi-sector
and sector-specific centres in the Commission and relevant agencies. These include the
conclusion of agreements on risk and crisis management cooperation and the establishment of
new high-performing and resilient means of communication. The setting-up in 2012 of the
Commission’s Strategic Analysis and Response Centre in DG HOME enabled new security
risk assessment and management methodologies and practices to be established that bring
together the expertise of relevant Commission departments and expert communities, e.g. in
the areas of transport and energy, and draw on threat assessments by the EU Intelligence
Centre, EU agencies and the Members States’ services.
Enhancing the EU crisis management and risk assessment capability requires the capacity to
exchange classified information. From this point of view, the establishment of a legal
framework allowing the EU agencies to exchange classified information represents an
important step forward.
The way forward in 2013
The Commission will:
•
support efforts to improve risk assessment methodologies and exchange
and transfer experience between EU Member States and also with nonmember countries on risk management related activities;
•
produce a first cross-sectoral EU overview of natural and man-made risks;
•
produce guidance on disaster prevention based on good practices;
•
continue to foster the EU capacity to conduct the assessment of security
risks.
Member States are encouraged to:
EN
•
finalise and regularly update their national risk assessments and
undertake initiatives to improve the understanding of disaster and
security risk, to promote risk management planning, and to disaster-proof
EU-supported infrastructure investments and volunteer to undertake peer
reviews of their national risk management policies;
•
adopt the proposal for the implementation arrangements for the solidarity
clause.
15
EN
3.
STREAMLINING AND RATIONALISING THE IMPLEMENTATION OF SECURITY POLICIES
The internal security policy is based on a shared agenda involving all actors: EU institutions,
Member States and EU agencies. In 2012, the European Parliament issued its first opinion on
the Internal Security Strategy, broadly endorsing the Strategy’s five objectives24.
In meeting the threats to internal security in the EU, cooperation between Member States will
be of great value. Pooling resources and streamlining actions at EU level can be more
effective and less costly than acting alone. The EU agencies have a special role to play in this
regard.
3.1.
Streamlining work
The Commission has tabled in March 2013 a proposal on the reform of Europol and Cepol,
proposing the merging of the two agencies into one, and a Communication on a European
Law Enforcement Training Scheme (LETS).
The overall goal in reforming Europol as well as Eurojust is to improve the operational
efficiency and effectiveness of the agencies in addressing the security threat posed by serious
and organised crime and terrorism. Improving Europol’s capabilities to map criminal threats
and trends will further strengthen both the EU’s and the Member States’ response to criminal
networks and their detrimental effects on society and the economy, by improving the support
Europol can provide to Member States, enhancing coordination and synergies between
operations carried out by Member States, and better supporting the EU Policy Cycle on
serious and organised crime.
Cepol and Europol have complementary missions, with Cepol supporting the development of
an EU law enforcement cooperation culture through training. The proposed merger of Cepol
and Europol would make training more focused and aligned with actual training needs, as set
out in the European Law Enforcement Training Scheme (LETS), which the Commission
adopted at the same time. It would pool scarce financial and human resources, allowing the
EU to provide more training courses overall. By making Europol’s services more operational,
and by targeting training towards EU priority needs, resources can be freed at national level
and redirected as necessary.
The European Cybercrime Centre is another example of streamlining for the purpose of
tackling cybercrime more efficiently. Investigations into online fraud, child abuse and other
crimes regularly involve hundreds of victims at a time, and suspects in many different parts of
the world. Operations of this scale cannot be successfully concluded by national police forces
alone. No crime is as borderless as cybercrime, requiring law enforcement authorities to adopt
a coordinated and collaborative approach across borders, together with public and private
stakeholders alike.
Streamlining funding arrangements is a means to ensure more targeted use of resources. In
2012 the Commission issued proposals for the Internal Security Fund for the new financial
perspectives 2014-2020. One of the innovations proposed is to apply shared management to
all the funds (previously the ISEC fund was not included), which means that an increasing
part of the available resources will be managed directly by the Member States.
24
EN
Borsellino report, European Parliament resolution of 22 May 2012 on the European Union’s Internal
Security Strategy ((2010)2308 (INI)).
16
EN
3.2.
Ensuring consistency between the internal and external dimension
With threats partly stemming from outside the boundaries of the EU, enhanced cooperation
with external security actors, non-member countries and organisations is crucial in
conducting successful security policies.
As part of a broader effort to enhance consistency between the internal and external
dimensions of security, work was taken forward through the Political and Security Committee
(PSC) and the Standing Committee on Internal Security (COSI) to implement the roadmap on
strengthening ties between the Common Security and Defence Policy and actors dealing with
Freedom, Security and Justice, and to further develop synergies in other areas such as cyber
security, critical infrastructure protection and counter-terrorism. Closer linkages between the
EEAS and relevant agencies (e.g. Europol and Frontex) have also been established. Two PSCCOSI meetings were organised in 2012 in which exchanges on geographical dimensions
(Western Balkans, Sahel and Libya) of EU activities have been addressed, and a PSC-COSI
meeting concentrating on the security situation in Mali took place in February 2013.
Internal security issues are now systematically added to the agenda of political dialogues with
relevant non-member countries and organisations, and are also addressed in relevant strategic
partnerships and agreements. The launch of the dialogues towards Mobility, Migration and
Security Partnerships with southern Mediterranean countries represents other channels to
strengthen cooperation on internal security matters with external partners. Equally, the preaccession process and in particular on-going work in the context of the post-visa liberalisation
monitoring mechanism with five Western Balkan countries, the implementation of the visa
liberalisation roadmap with Kosovo and the Positive Agenda with Turkey are powerful tools
to assist non-member countries in aligning their legal framework and operational capacity
with the EU acquis and standards in the field of security.
Specific actions countering global threats that enhance the EU's internal security are financed
equally outside the EU under the EU Instrument for Stability.
3.3.
Preparing the future: the FP7 Security Research programme and beyond
Since 2007 the Commission has funded the FP7 Security Research programme up to 1.4
billion of euros. More than 250 projects have been funded with a significant involvement of
stakeholders. A majority of the topics contained in the scope of this report have been
addressed, such as counter explosive actions, CBRN action, radicalisation, and border
security.
The Commission published in July 2012 a Communication for a Security Industrial Policy –
Action Plan for an innovative and competitive Security Industry25. The Action Plan foresees
further measures to harmonise the EU security market and close the gap between research and
market, notably through standardisation activities in the area of CBRN protection, border
security and crisis management/civil protection.
4.
CONCLUSION
Implementation of the Internal Security Strategy is well on its way. As this report has shown,
a lot has been done under the five objectives. However, we still have a way to go. For 2013
organised crime is still considered to be one of the major challenges for EU internal security
to address. Money laundering, corruption, trafficking and mobile organised crime groups are
25
EN
COM(2012) 417 final.
17
EN
just some of the threats foreseen. Cybercrime continues to be of particular concern. Another
important challenge for 2013 is to improve tools to better counter growing violent extremism.
The next and last report on implementation of the ISS will be presented in mid-2014. The
report will assess whether the objectives of the ISS have been met and also consider future
challenges within the field of internal security.
EN
18
EN
Annex 1: Graphic overview of all the planned actions for 2011-2014
OBJECTIVE 1: Disrupt international crime networks
Action 1: Identify and dismantle criminal networks
2011
Action 2: Protect the economy against
criminal infiltration
Action 3: Confiscate criminal assets
Cross-cutting issues
Proposal on monitoring and
assisting Member States anticorruption efforts
Proposal on the use of
EU Passenger Name
Records
New PNR
agreements with the
US and Australia
EU strategy on
trafficking in
human beings
2012-2016
New PNR
agreement with
Canada
2012
More
use of
Joint
Investi
gation
Member States:
Transpose the Directive on Teams
Trafficking in human beings
without delays
Publish a fact-finding report
on centralised bank account
registers
2013
Proposal for the Fourth AntiMoney Laundering Directive
Proposal for a Directive
on the criminalisation
of money laundering
2014
EN
Network of national contact
points for governmental and
regulatory bodies
Communication on the
European Information
Exchange Model
Member
States:
Implement
the actions
in the EU
Policy
Cycle
Adopt the Directive
on the
EU PNR
Adopt the
Communication on a
comprehensive strategy
to fight cigarette
smuggling
Proposal for the Directive on freezing and
confiscation of proceeds of crime
Member States:
Step up efforts to develop
the network of Informal
Contact Points on the
administrative approach
Establish common
indicators for evaluating
performance of Asset
Recovery Offices and
guidance on preventing
criminals reacquiring
confiscated assets
Establish effective Asset
Recovery Offices and
necessary arrangement for
asset management
Adopt the Directive on
freezing and confiscation
of proceeds of crime
Publish the first EU AntiCorruption Report
Member
States:
Ratify and
implement
existing
instruments
for judicial
Proposal on the reforms of
and law
Europol and CEPOL together
enforcement
with the European Training
cooperation
Scheme
and
information Present a proposal on
Present a proposal on
exchange
the European public
the reform of Eurojust
prosecutor’s office
Color coding:
Green: Action completed
Yellow: Action ongoing
19
EN
OBJECTIVE 2: Prevent terrorism and address radicalisation and recruitment
Action 1: Empower communities to prevent
radicalisation and recruitment
Action 2: Cut off terrorists' access to funding and
materials and follow their transactions
Action 3: Protect critical infrastructure including
transport
2011
Communication on EU extraction and
analysis of financial messaging data
EU
radicalisationawareness
network and
EU-wide
conferences.
Help civil
society to
expose,
translate and
challenge
violent
extremist
propaganda
2012
High Level Symposium on
Countering Violent
Extremism
Mid-term report on the
implementation of the
EU CBRN Action Plan
and a review of the EU
Explosives Action Plan
Impact Assessment on the
establishment of an EU Terrorist
Financing Tracking System
Options for further strengthening
transport security, focusing in
particular on land transport issues
Member
States:
Implement
the Action
Plan on Air
Cargo
Security
Review the Directive on the
designation of European
Critical Infrastructure
Protection
Revisit and update the EU approach on
preventing radicalisation and recruitment
EN
Implement
action plans
for preventing
access to
explosives and
chemical,
biological
radiological
and nuclear
substances
Consider creating a framework for
administrative measures such as
freezing of funds of persons suspected
of terrorist activities inside the EU
2013
2014
Communication on Transport
Security Policy
Colour coding:
Green: Action completed
Yellow: Action ongoing
20
EN
EN
21
EN
OBJECTIVE 4: Strengthen security through border management
Action 1: Exploit the full potential of Action 2: Enhancing the contribution Action 3: Common risk management for
Eurosur
of Frontex at the external borders movement of goods across external borders
2011
2012
Proposal for the
establishment of
Eurosur
Pilot operational
project at the southern
or south-western
border of the EU
Action 4: Improve interagency
cooperation at national level
Cross cutting issues
Amendment of Frontex regulation
by the EP and the Council
Member States and Frontex:
Continue their efforts regards to
the establishment of Eurosur
Develop
initiatives to
improve
capabilities
for risk
analysis and
targeting
Make suggestions
for
improving the
coordination of
checks at the
border carried out
by different
authorities
Develop
national
common risk
analysis
involving
police, border
guards and
customs
authorities to
identify hot
spots at the
external
borders
Member
States:
Implement
the actions
in the EU
Policy
Actively participate in migration,
Cycle
mobility and security dialogues with
the new governments of North Africa
and the Middle East
Proposals on the Entry/Exit
System and the Registered
Traveller programme based on
the two communications and
consultation with all relevant
stakeholders
Eurosur
fully established
2013
SISII fully operational
2014
EN
Color coding:
Green: Action completed
Yellow: Action ongoing
Develop minimum standards
and best practices for
interagency cooperation
22
EN
EN
23
EN